SRINAGAR: The J&K High Court has rejected state’s plea to transfer the DSP Ayub Pandith lynching case from Srinagar court to Jammu.
Turning down the plea, Justice Rashid Ali Dar said there wasn’t sufficient material on record to compel the court to transfer the case.
The petition was moved by SSP Srinagar seeking transfer of the case from 4th Additional District & Sessions Judge Srinagar to Jammu, citing “difficulties” and law and order problems “created by some elements along with accused” at lodging places and on way to courts.
“I, as such, do not find the material placed on record sufficient to invoke the jurisdiction of the Court and to transfer the case to any other court outside the Valley at this time. For this, I am of the opinion that the application merits dismissal and is dismissed accordingly,” Justice Dar said in the judgement.
The transfer application had stated that prosecution was confronted with serious developments as “some elements along with accused persons and their relatives create difficulties at their place of lodgement and on their way to court hearings.”
“The accused on their production raise anti-national slogans enroute to court and also indulge in instigating the locals, resulting in law and order problems. Furthermore, the accused within the court premises are gathering hundreds of people who intimidate and threaten the witnesses, thus a fair and impartial trial is impossible in the case.”
Defense counsels Nazir Ronga and Mushtaq Dar contended that the state was seeking transfer of the case with mala fide intentions and that the petition was full of lies, fabricated facts. They said the allegations levelled can be investigated into from CCTV footages.
Advocate Dar also stated that the SSP, who has filed the petition, was neither the complainant nor investigation officer of the case.
On June 22, 2017 DySP Ayub Pandith was lynched by a mob after he had allegedly opened fire on a group of people that had caught him taking photographs of people near Jamia Masjid.